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By Paul P. Van Riper, Parliamentarian Senate Rules

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By Paul P. Van Riper, Parliamentarian Senate Rules SUMMARY GUIDE TO SENATE AND PARLIAMENTARY PROCEDURE - Sept. 1999 by Paul P. Van Riper, Parliamentarian Senate Rules – Strategy and Tactics 1. Senate rules, like those of most assemblies, are designed to prevent surprises. They encourage decisions based on prior investigation rather than off-the-cuff debate and reaction. So, design your strategy and tactics accordingly. You won’t get immediate action on anything important unless you have a well drafted motion in hand and expect to carry three-fourths of the Senate with you based on a speech limited to ten minutes! But, if you can tolerate study and investigation and will look for allies, there are several promising alternatives. 2. So, do your subject matter homework till you have some fairly concrete data and the beginnings of a point of view or proposal, and start to look for support. 3. On procedure, consult the Speaker, the Parliamentarian or former Parliamentarians Stadelmann and Halter or request from the Senate staff a copy of the long form guidance by Stadelmann and myself titled Notes on Parliamentary Procedure; and consult the Senate Constitution and Bylaws. 4. Then try one or more of the following: a. Go to a standing committee member for help. b. Ask you department or college caucus to make a request of the Executive or other committee. c. Bring it up in the Committee of the Whole and request action. d. Petition the Executive Committee for action. e. Ask the Speaker to present your proposal as an emergency item. f. Under new business, rise and request item be put on the agenda for the next meeting (takes majority). g. Always remember that someone has to “write it down” and that those who do the drafting have an advantage. Parliamentary Procedure 1. General principles: Behind Robert’s Rules are five principles: 1) One thing at a time, 2) every member treated equally, 3) consider minority rights, 4) majority shall govern, and 5) absentees get some protection. 2. Practical guidelines: 1) plan strategy ahead, 2) write it down, 3) notify the Speaker ahead of time, and 4) make an appropriate motion. 3. Basic motions (in order of precedence) are of two kinds: d. Privileged (can interrupt things) Debatable Amendable Decision Rule Adjourn No No Majority Take a recess No Yes Majority Raise a question of privilege No No Speaker decides Call for Orders of the Day No No Speaker decides b. Subsidiary Lay on the table No No Majority Previous question (end debate) No No 2/3 Limit or extend debate No Yes 2/3 Postpone to certain time Yes Yes Majority Commit or refer Yes Yes Majority Amend Yes Yes Majority Postpone indefinitely Yes Yes Majority MAIN MOTION Yes Yes Majority 4. Other motions: Incidental motions (Appeal, Point of Order, Suspend Rules, Voting procedure, Requests and Inquiries) have the priority of their good sense at the time; rarely debatable or amendable. Unclassified motions, often called “reruns” (Rescind or Repeal, Ratify, Reconsider, Take from table) are usually debatable and sometimes amendable – you may need advice here. TEXAS A&M UNIVERSITY FACULTY SENATE NOTES ON PARLIAMENTARY PROCEDURE Adapted From Notes Developed by Professor Paul P. Van Riper for the Faculty Senate in 1983-84 Revised by Richard W. Stadelmann, 1988 TEXAS A&M UNIVERSITY FACULTY SENATE NOTES ON PARLIAMENTARY PROCEDURE T A B L E O F C O N T E N T S Chapter I. Types of Governing Rules A. Constitution .......................................................... 1 B. Bylaws .............................................................. 1 C. Parliamentary Procedure Rules ............................................ 1 D. Standing Rules ........................................................ 1 E. Ordinary Legislation .................................................... 1 Chapter II. Underlying Principles .............................................. 2 Chapter III. Working With The System A. Effective Work Through a Representative Body ............................... 3 B. Functioning Through Senate Committees .................................... 3 C. Strategy in a Representative Body .......................................... 3 D. Some Practical Guidelines ............................................... 4 E. Placing Items on the Agenda .............................................. 5 Chapter IV. Rules of Debate A. Need for Seconds ...................................................... 9 B. On Calling Out "Question" ............................................... 9 C. On Friendly Amendments ............................................... 10 D. Know What's Happening ............................................... 10 Chapter V. Motions A. Principal Motions ..................................................... 11 B. Incidental Motions .................................................... 15 C. Unclassified Motions .................................................. 17 Chapter VI. Voting A. Voting by Voice or Hand ............................................... 20 B. Standing Vote ........................................................ 20 C. Ballot or Roll Call Vote ................................................ 20 D. In Case of a Tie ...................................................... 20 E. When You May Not Vote ............................................... 20 Chapter VII. Minutes A. Handling of Minutes ................................................... 21 B. Content of Minutes .................................................... 21 Chapter VIII. Committee Reports ............................................. 22 Chapter IX. Committee of the Whole .......................................... 23 Chapter X. Questions of Constitutionality ....................................... 25 Chapter I. Types of Governing Rules A. Constitution. The Constitution was approved by the Regents and the Faculty of Texas A&M University and may be amended only as prescribed in its Part III. All Faculty Senate actions must be in accord with it. All Senators should read this carefully. B. Bylaws. We have a short constitution. The major gaps are filled by bylaws. These, together with our Constitution, are our basic governing documents. C. Parliamentary Procedure Rules. A parliamentary authority (Robert's Rules of Order, Newly Revised, henceforth referred to as RNR) is approved in a section of the Bylaws. The parliamentary authority then governs procedure (not substance) unless the Constitution and/or Bylaws provide for another procedure. This saves an enormous amount of time and energy because we do not have to invent procedure from scratch. RNR provides for most contingencies. D. Standing Rules. These, sometimes called Standing Operating Procedures (SOP), usually lay out various administrative details, such as election procedures, budgetary and appropriation guidelines, personnel procedure, etc. These are normally adoptable or amendable by a majority if prior notice is given; otherwise by two-thirds of those voting. E. Ordinary Legislation. This consists of the approved motions, committee reports, etc., adopted during the regular course of business. They and the procedure by which they are adopted must conform to all four sets of rules above them in this list. Ordinary legislation remains in force, no matter how old, until modified or rescinded. It is therefore useful to keep your own file of minutes. The Secretary should always have a complete file available for consultation by any member. Legislation not adopted as bylaws or standing rules, and which imposes limits on ordinary procedures or rights of members are in effect only for the session in which they are adopted. Chapter II. Underlying Principles Here are the basics underlying most parliamentary procedures: 1. Consider one item at a time — hence you can be ruled out of order if you try to talk about something other than what is immediately before the Senate. By a proper motion such as "to table," or "to close debate," you can help the Senate move on to something else. The Senate can change items rapidly; that is what an "agenda" is also designed to do. A large group can sensibly think about only one item or topic (a motion, amendment, committee report, etc.) at a time. 2. Every member is treated equally — you all have the same rights and duties. 3. Minorities down to an individual member have rights to be protected — this is why RNR requires a two-thirds vote to close, or to change the rules of, debate, to close nominations, or change the accepted agenda. Motions such as making a decision unanimous require a unanimous vote to adopt. 4. Absentees must be considered — this is why RNR requires prior notice of many things. That is, if prior notice (previous meeting or by mail) is given, the Senate can, for example, amend something previously adopted (ordinary motion or report) or modify the agenda by a majority vote rather than by two-thirds (required if there is no prior notice). Absentees have thus been warned that they absent themselves further at their own risk. 1 5. A majority must be able to govern — a simple majority of votes cast rules in most ordinary matters, and, acting together, two-thirds of the Senate (but only two-thirds) can ride roughshod over all opposition if need be. But this is rare. Chapter III. Working with the System A. Effective Work Through a Representative Body Requires Three Things. 1. A knowledge of possible procedures or routes through the jungle. 2. A workable solution in an understandable written form. 3. The progressive mobilization of support — from you to friends, to committee, to full Senate debate and, hopefully, a majority. B.
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